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(영문) 인천지방법원부천지원 2020.07.07 2020가단4043
물품대금
Text

The defendant shall pay 31,062,396 won to the plaintiff and 12% per annum from March 24, 2020 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. Fact 1) On July 22, 2019, the Plaintiff entered into a commodity supply contract with the Defendant, stating that “the Plaintiff shall supply the goods, such as the end of the month upon receiving an order from the Defendant, to the Defendant by the due date set for the payment period, and the Defendant shall pay the price for the goods to the Plaintiff by the end of the month following the month in which the goods are supplied (hereinafter “instant supply contract”).

The Plaintiff concluded the instant supply contract. On September 30, 2019, pursuant to the instant supply contract, the Plaintiff concluded a contract with the Defendant on September 30, 2019, and KRW 31,262,396 (hereinafter “the instant goods price”).

(2) On October 31, 2019, the Defendant prepared and delivered to the Plaintiff a document stating that “(a) the payment of the instant goods is to be made in accordance with the schedule for the implementation of the payment of the purchase price” on December 10, 2019, while the Defendant did not pay the price of the instant goods even after the due date for payment under the instant supply contract, and expressed to the Plaintiff on December 31, 2019, the amount of KRW 15 million out of KRW 31,262,396 of the instant goods price was KRW 31,262,396 and KRW 8 million was to be paid on December 31, 2019, and on January 10, 2020, KRW 8,262,396 was to be paid.

Then, the Defendant repaid to the Plaintiff KRW 200,000 as the price for the instant goods.

The Plaintiff initially demanded the Defendant to pay the full amount of KRW 31,262,396 for the instant goods. However, on June 16, 2020, the Plaintiff recognized that 200,000 won was repaid from the Defendant as the price for the instant goods on the first day for pleading on June 16, 2020, and requested the Defendant to pay the remainder of KRW 31,062,396, excluding the above KRW 200,000,000,000.

[Ground of recognition] Unsatisfy, entry of Gap 1, 2, and 3 evidence, the purport of the whole pleadings

B. Determination A.

Comprehensively taking account of the facts found in the claim, barring any special circumstance, the Defendant paid the Plaintiff the amount of KRW 31,062,396, out of the amount of KRW 31,262,396 under the instant supply contract (i.e., the amount of KRW 31,262,396 - the amount of the instant goods - KRW 200,000 paid) and the said amount.

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